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No Section 54 exemption on Gain on Sale of industrial plot of land with office-cum-residential structure

May 23, 2022 9609 Views 0 comment Print

Chain Singh Mundra Vs ITO (ITAT Chandigarh) In the instant case, the limited dispute relates to whether the assessee has transferred a residential house or not. On perusal of the Sale Deed executed by the assessee, it is noticed that what has been transferred is an industrial plot No.C-10 alongwith construction thereon situated at Sector […]

No addition for cash deposited post demonetization out of Sale proceeds

May 23, 2022 3123 Views 0 comment Print

ITAT Bangalore ruling on demonetization cash dispute. Assessing double taxation on demonetized notes as sales proceeds. Learn more about the case.

ITAT allows Section 54 Exemption on Notional value of Flat to be constructed in future time

May 22, 2022 1914 Views 0 comment Print

ITO Vs Sanika Avadhoot Shilotri (ITAT Mumbai) When the developer failed to provide original flat then it had offered another flat in the building which was to be constructed on a future date. When the assessee has booked the flat that property was not in existing and it was a property to be constructed in […]

Reassessment cannot be In Casual & Whimsical Manner

May 22, 2022 1122 Views 0 comment Print

Manash Nandi Vs ITO (ITAT Kolkata) We find that the AO has recorded the reasons u/s 148 of the Act in a very casual manner. We find that the AO has only reproduced in the reasons recorded the information received and hurriedly came to the conclusion that there exists escapement of income and evasion of […]

Section 69C additions on protective basis without adequate inquiry is bad in law

May 22, 2022 2850 Views 0 comment Print

A. Johnkuma Vs DCIT (ITAT Chennai) Facts- The assessee, a Proprietor of M/s. A.Johnkumar Cost Price Shop and M/s.Johnkumar Real Agency, is engaged in the business of running a Departmental Store and real estate business respectively. A search and seizure operation was conducted u/s.132 of the Act, on 17.09.2016. During the course of search, a […]

No markup chargeable in case of pure reimbursement of expenditure by AE

May 21, 2022 6138 Views 0 comment Print

Capgemini India Pvt. Ltd. Vs DCIT (ITAT Mumbai) Facts- Assessee filed its return of income on 7 October 2010 declaring income of ₹113,19,82,875/-. As the assessee has entered into several international transactions, reference was made to the Learned Additional Commissioner of Income-Tax, Transfer Pricing, 1(3), Mumbai for determination of arm’s length price of those transactions. […]

CBDT Notification is pre-conditional for grant of Section 80IA(4) deduction

May 21, 2022 936 Views 0 comment Print

Salarpuria Properties Pvt. Ltd. Vs DCIT (ITAT Kolkata) Facts- The assessee has filed ROI on 9.10.2010 which was revised on 27.12.2010. The return was processed u/s 143(1) of the Act accepting the returned income. Thereafter the case of the assessee was selected under scrutiny and statutory notices were duly issued and served upon the assessee. […]

Section Exemption available for imparting architectural education

May 19, 2022 798 Views 0 comment Print

Held that imparting of ‘education’ in the field of architecture is covered within the provisions of section 2(15) of the Act and hence eligible for exemption under section 11 of the Income Tax Act

Onus to prove genuineness & creditworthiness of unexplained credit lies on assessee

May 19, 2022 8598 Views 0 comment Print

Section 68 of the Act creates a legal fiction which cast obligation on the assessee to explain to the satisfaction of the AO about nature and source of credit in case any amount is found credited in the books of the assessee maintained for any previous year.

Deemed Dividend – Accumulated profit includes Profit up to date of payment

May 18, 2022 5796 Views 0 comment Print

Sanjay Subhashchand Gupta Vs ACIT (ITAT Mumbai) As per the provisions of section 2(22)(e), loan or advance paid by a company shall be considered as deemed dividend on fulfillment of following conditions (i) the company must be a company in which the public is not substantially interested; (ii) such a company has given advance or […]

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